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(영문) 인천지방법원 2016.04.18 2016고단688

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On February 4, 2016, the Defendant driven the above mar while under the influence of alcohol of 0.149% among the blood transfusions on February 4, 2016, and continued to drive the above marcing vehicle at a speed of about 40km per hour from the south East-gu Incheon Metropolitan City, along the road of about five-lane in front of the shooting distance of the D gas station located in Namdong-gu, Incheon, at a speed of about 40km per hour.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering gear.

Nevertheless, the Defendant was negligent in driving while driving a vehicle under the influence of alcohol, and was driven by the victim E (66 years old) who was standing in the signal atmosphere before the Defendant’s knife while driving the vehicle in front of the Defendant’s knife, and was driven by the front part of the Defendant’s knife.

As a result, the Defendant driven a fluorous vehicle in a situation where it is difficult to drive a car normally due to a fluorous and snow shocking, etc. while under the influence of alcohol, and suffered injury, such as a fluoral fluoral fluoral fluor, from the victim G (28 years old) who is the said taxi passengers, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each selective fine for punishment (the fact that there is no record of criminal punishment except for a violation of the Punishment of Violences, etc. Act in 2002, which is sentenced to a fine of KRW 300,000,000, and the injury of the victims is insignificant and covered by a comprehensive insurance policy;